Are Some People Hesitant To File A Slip And Fall Claim?
Many people are hesitant to file a lawsuit against a friend or business they know and love—even if they have sustained a very serious injury that has impacted their ability to provide for their family, carry on their livelihood, and enjoy life as they used to.
The bottom line is that people and businesses have insurance; homeowners who have a mortgage are required to have homeowner’s insurance, and 99 percent of businesses have premises liability insurance. It’s also important to remember that slip-and-fall cases are accidents; there is no need for animosity.
The law provides that when an accident occurs due to someone else’s negligence, you can recover, and that is the way the system is designed. People may worry that if they sue a friend or beloved business, then that friend or beloved business will lose money or even go bankrupt. These types of concerns are misguided because a property owner will rarely have to pay out of pocket for a premises’ liability claim; defendants often have paid decades’ worth of insurance premiums for just this situation.
What Am I Supposed To Do If The Other Party’s Insurance Company Contacts Me To See How I Am Doing? Should I Speak With Them?
You don’t have to speak with the other party’s insurance company, and you should never give a recorded statement. The recorded statement that they’re seeking is not to help you out, it’s to help their insured. The insurance company adjusters are well-versed in the law and will try to trick you into saying something that could harm your case. It is their goal to not pay your claim; they don’t make money by paying claims and they are in the business of making money.
If you are contacted by the other insurance company and they ask how you are doing, you should say, “I have an attorney; please talk to them.” In the event that you do provide a statement to the other party’s insurance company, it’s very important that you let them know that you are injured and seeking treatment. They may ask questions such as, “Did you break any bones?” or “What part of your body hurts?” In response, just say that you are in pain and going to the doctor to be evaluated. What you say to the insurance company can and will be used against you and often you may not know the severity of your injuries until days or weeks later. It is better you don’t speak with them at all until you had the chance to speak with an attorney.
What Sort Of Compensation Or Damages Could Someone Possibly Recover In A Pennsylvania Slip-And-Fall Or Trip-And-Fall Case?
There are two types of damages than you can recover in a Pennsylvania slip-and-fall or trip-and-fall case: economic losses and non-economic losses. Economic losses include lost wages, inability to work, medical bills, hospital bills, medical equipment, and any property damage you’ve sustained. In essence, economic losses are those which have caused you to lose money. Non-economic losses include pain and suffering, loss of life’s pleasures, emotional stress, post-traumatic stress disorder (PTSD), and any cognitive dysfunction or injuries.
It is very difficult to put a dollar amount on non-economic damages. PA Courts have broken non-economic loss up into four categories
- Pain and suffering
- Embarrassment and humiliation
- Loss of the ability to enjoy life’s pleasures
For more information on Hesitant To File A Slip And Fall Claim, a personalized case evaluation is your next best step. Get the information and legal answers you are seeking by calling Troy Crichton, Esq. at (267) 225-3317 today.